On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

March 1, 2018

Defense Digest, Vol. 24, No. 1, March 2018

Audrey Copeland (King of Prussia, PA) obtained the Third Circuit’s affirmance of the order of the U.S. District Court for the Western District of Pennsylvania in favor of Marshall Dennehey’s client in an employment discrimination case. The plaintiff was denied leave to file a second amended complaint to re-assert a previously abandoned theory of liability as her delay was “undue” and would cause substantial prejudice to the defendant. Yochum v. FJW Investment, Inc., et al., No. 16-3784 (3d. Cir. October 30, 2017).

In another matter, Audrey convinced the Commonwealth Court to affirm the decision of the Workers’ Compensation Appeal Board in the employer’s favor as to the claimant’s modification and review petition. The court reasoned that the claimant’s claim for specific loss injury benefits was barred by the three-year statute of limitations of Section 413(a) of the Act, 77 P.S. §§ 771-772. Marcusky v. Workers’ Comp. Appeal Bd. (Williamsport Area School District), No. 56 C.D. 2017 (Pa. Cmwlth. October 13, 2017).

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